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163 Ga. 754

Driggers v. Moore

Supreme Court of Georgia

Decided February 17, 1927

Supreme Court of Georgia · decided 1927-02-17

Cited by 1 later decisions — most recently February 1939

1 state decisions

Relies on Booth v. Young

Good law ✅— No negative treatment on recordhow we know

Decided 1927-02-17

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Atkinson, J.

¶11. “An administrator can not lawfully sell property held adversely to the estate by a third person, and a deed made by an administrator to land when the same is held adversely to the estate by a third person is void.” Booth v. Young, 149 Ga. 276 (99 S. E. 886).

¶22. Applying the principle above announced, an administrator’s deed will not support an action of complaint for land instituted by the grantee against a third person, where at the time of the administrator’s sale the land in dispute was held in adverse possession by such third person.

*755No. 5364.February 17, 1927.Vernon Elliott and Archibald Blaclcshear, for plaintiffs in error.E. G. Kalbfleisch and H. A. Woodward, contra.

¶33. The court erred, under the pleadings and evidence in this case, in overruling the motion for a nonsuit.

¶4Judgment reversed.

All the Justices concur.
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